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Copyright | California Central
Stipulation and Order
ORDER ON STIPULATION RE: PLAINTIFF'S CONTENTIONS AS TO THE ELEMENT OF FACTUAL COPYING 202 by Judge Wesley L. Hsu. The Court ORDERS as follows: 1. As to the copyright infringement element that copying occurred, Plaintiff has withdrawn its allegations and contentions that it can demonstrate the authors of Defendants' Dancing with a Stranger musical composition ("SS") had a reasonable possibility of access to Plaintiff's Dancing with Strangers a/k/a Dancing with a Stranger ("JV") by way of a particular chain of intermediary individuals, companies, or events, or because JV was widely disseminated. 2. Plaintiff has also withdrawn its allegations and contentions that it can demonstrate a reasonable possibility of access by way of alleged similarities between the music videos for JV and SS, and/or between a business card for Sound & Color LLC and a visual design that appears in the music video for SS. 3. Plaintiff's contention at summary judgment is that JV and SS are strikingly similar, as the basis to establish that copying in fact occurred, which Plaintiff contends is supported by expert testimony and other facts regarding Plaintiff's song's public availability and Defendants' creative process. (lom)
Order
STIPULATION for Order regarding Plaintiff's Contentions as to the Element of Factual Copying filed by defendants 45th & 3rd Music LLC, Downtown Music Publishing LLC, EMI April Music Inc., Emi Blackwood Music Inc., Mikkel Storleer Eriksen, Normani Kordei Hamilton, Tor Erik Hermansen, James John Napier, Samuel Smith, Songs of NKH, Sony Corporation of America, Stargate, Tim & Danny Music LLC, UMG Recordings INC., Universal Music Group. (Attachments: # 1 Proposed Order)(Lamm, Eric)
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